Simone Lawson
Executive orders are written directives, signed by the president, that order the government to take specific actions to ensure the laws be faithfully executed. They are one of the most commonly used forms of administrative action taken by the President of the United States. Executive orders have been used to implement large policy changes, such as the racial integration of the armed forces under President Truman, and the desegregation of public schools by President Eisenhower. They have also been used to declare federal holidays or days of mourning. The first executive order was issued by George Washington on June 8, 1789, and since then, executive orders have been used by every US president, with Franklin D. Roosevelt holding the distinction of making a record 3,721 executive orders.
| Characteristics | Values |
|---|---|
| First executive order | Issued by George Washington on June 8, 1789 |
| Executive orders since 1789 | 1,262 |
| President issuing the most executive orders | Franklin D. Roosevelt (3,721) |
| Recent presidents issuing executive orders | Between 100 and 200 |
| Executive orders signed by recent presidents | Donald Trump (371), Joe Biden (204) |
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What You'll Learn
Executive orders and the law
Executive orders are directives issued by the President of the United States, ordering the government to take specific actions to ensure "the laws be faithfully executed". They are rooted in Article II of the US Constitution, which vests the president with executive power over the government. While they are a powerful tool for presidents to influence US laws and the administration of the country, executive orders cannot override federal laws and statutes, and they are subject to judicial review.
The first executive order was issued by George Washington on June 8, 1789, instructing the heads of federal departments to "impress [him]". Since then, every US president has issued executive orders, with Franklin D. Roosevelt holding the distinction of making the most at 3,721, and Theodore Roosevelt being the first to issue more than one thousand. Executive orders have been used to implement large policy changes, such as the racial integration of the armed forces under President Truman, and the desegregation of public schools by President Eisenhower.
While executive orders are a powerful tool for presidents, they are subject to checks and balances. A court can hold an executive order unlawful if it violates the Constitution or a federal statute, and any president can issue a new executive order that rescinds or amends a previous one. This was seen in the case of Youngstown Sheet & Tube Co. v. Sawyer, where the Supreme Court invalidated Harry S. Truman's Executive Order 10340, which ordered private steel production facilities to be seized to support the Korean War effort. The Court held that the order was not within the power granted to the president by the Constitution.
Executive orders can also be challenged by other branches of government, and if deemed unlawful or unconstitutional, they will be revoked or cancelled. For example, part of President Donald Trump's executive order "Protecting the Nation from Foreign Terrorist Entry into the United States", which temporarily banned entry to the US for citizens of several Muslim-majority countries, was stayed by a federal court in 2017. However, on June 26, 2018, the US Supreme Court overturned the lower court's order, affirming that the executive order was within the president's constitutional authority.
In conclusion, executive orders are a significant tool for US presidents to influence policy and administration without the need for a vote in Congress or the Supreme Court. However, they are subject to judicial review and must comply with the Constitution and federal statutes to remain lawful.
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Executive orders in times of war
Executive orders have been used by US presidents since George Washington in 1789. They are written directives, signed by the president, that order the government to take specific actions to ensure "the laws be faithfully executed". While executive orders cannot override federal laws and statutes, they can be used to enforce legislation, deal with emergencies, wage wars, and fine-tune policy choices.
Executive orders have been used to wage wars, such as the 1999 Kosovo War during President Bill Clinton's second term, and the US military involvement in Libya under President Obama, which was considered a violation of the War Powers Resolution. Wars fought upon executive order have also had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress remains an unresolved constitutional issue.
During times of war, executive orders have been used to make large policy changes. For example, President Franklin Roosevelt's Executive Order 6102 forbade the hoarding of gold coin, gold bullion, and gold certificates within the continental United States. Roosevelt also used Executive Order 9066 to delegate military authority to remove any or all people in a military zone, which was used to target Japanese Americans, non-citizen Germans, and non-citizen Italians during World War II. President Lincoln's Emancipation Proclamation, which addressed slavery during the Civil War, was also an executive order.
Executive orders can be invalidated by the Supreme Court if they are found to be unconstitutional or exceed the authority of the president. For example, President Truman's Executive Order 10340, which placed all the country's steel mills under federal control during the Korean War, was found to be invalid as it attempted to make law rather than clarify or further an existing law.
Executive orders can also be used to address issues related to national security and foreign policy. For example, President Trump's executive order "Protecting the Nation from Foreign Terrorist Entry into the United States" temporarily banned the entry of citizens from seven Muslim-majority countries. While parts of this order were initially blocked by a federal court, the US Supreme Court later upheld the order as within the president's constitutional authority.
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Executive orders and civil rights
Executive orders are directives issued by the US president that order the government to take specific actions to ensure "the laws be faithfully executed". They are rooted in Article II of the US Constitution, which vests the president with executive power over the government. While executive orders cannot override federal laws and statutes, they can be used to implement policies and direct government agencies to take specific actions.
Throughout US history, presidents have issued executive orders that have significantly impacted civil rights. One notable example is President Abraham Lincoln's Emancipation Proclamation during the Civil War, which used an executive order to address slavery. President Harry Truman also signed an executive order to racially integrate the military, a significant step towards civil rights for African Americans.
In more recent times, President Donald Trump has issued several executive orders that have been controversial in terms of civil rights. In his first week in office, President Trump signed an executive order to "restore merit-based opportunity in the federal workforce" and another to "restore merit and mission focus to America's armed forces". These orders targeted diversity, equity, and inclusion programs in the public and private sectors, directing the termination of positions and programs related to these initiatives. Trump's orders also instructed the repeal of prior executive orders that promoted equal opportunity in the workplace, including a decades-old order from the Johnson Administration addressing discrimination and employment barriers.
Trump's executive orders on diversity, equity, and inclusion have been criticised for attempting to prohibit lawful efforts to advance equal opportunity. Despite constitutional protections for equal opportunity and anti-discrimination, organisations that roll back diversity and inclusion efforts may violate anti-discrimination laws if unfair barriers persist. Additionally, Trump's orders do not change the reality of disparities in education, employment, and health outcomes for people of colour, as evidenced by the Department of Education's record-high number of civil rights complaints alleging race, sex, or disability discrimination in 2023.
In April 2025, President Trump signed another executive order titled "Restoring Equality of Opportunity and Meritocracy". This order aimed to eliminate the use of disparate-impact liability, a legal theory that associates differences in outcomes among races with unlawful discrimination. The order directed agencies to deprioritize enforcement of statutes and regulations that include disparate-impact liability and instructed the Attorney General to repeal or amend racial nondiscrimination regulations. While the order claimed to promote equal treatment under the law, critics argued that it could hinder efforts to address systemic discrimination and ensure equal opportunities for all Americans.
In conclusion, executive orders have been a tool for US presidents to address civil rights issues throughout history. While some orders, such as Lincoln's Emancipation Proclamation and Truman's military integration, have advanced civil rights, more recent orders by President Trump have been controversial. Trump's orders targeting diversity and inclusion initiatives and downplaying disparate-impact liability have been seen as setbacks for civil rights, despite constitutional protections for equal opportunity. The impact of these orders underscores the ongoing struggle to secure and protect civil rights for all Americans.
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Presidents with the most executive orders
Executive orders are written directives, signed by the president, that order the government to take specific actions to ensure "the laws be faithfully executed". They are one of the most commonly used forms of administrative action taken by the President of the United States. They are generally used by presidents to influence US laws and the administration of the country, without the need for a vote in Congress or the Supreme Court.
The first executive order was issued by George Washington on June 8, 1789. With the exception of William Henry Harrison, all presidents since Washington have issued executive orders. The number of executive orders issued by presidents has decreased since the Eisenhower administration, but modern presidents have still issued hundreds of executive orders during their presidency.
The president who has issued the most executive orders is Franklin D. Roosevelt, who signed 3,721 executive orders during his twelve years in office. This is more than a quarter of all executive orders ever published, with an average of over 300 per year. Roosevelt's orders were largely focused on leading the US through its economic recovery from the Great Depression. His most controversial order was Executive Order 9066, which saw approximately 120,000 people of Japanese descent, and almost 15,000 ethnic Germans and Italians, interned in concentration camps for almost three years.
Other presidents who have issued a large number of executive orders include Harry S. Truman (906 or 907), Theodore Roosevelt (1,081), Calvin Coolidge (1,203), Woodrow Wilson (1,803), and Dwight D. Eisenhower (484).
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Executive orders and the Supreme Court
The U.S. Constitution does not explicitly mention executive orders. However, Article II, Section 1, Clause 1 of the Constitution states: "The executive Power shall be vested in a President of the United States of America." Sections 2 and 3 describe the president's powers and duties, including "He shall take care that the Laws be faithfully executed."
The Supreme Court has ruled that all executive orders issued by the president must be supported by the Constitution, whether through a clause granting specific power or by Congress delegating authority to the executive branch. Executive orders cannot override federal laws and statutes, and they must be rooted in Article II of the Constitution or enacted by Congress.
The Supreme Court has played a significant role in checking presidential power and upholding the Constitution in relation to executive orders. In the landmark Youngstown case (Youngstown Sheet & Tube Co. v. Sawyer) in 1952, the Court invalidated an executive order issued by President Harry Truman during the Korean War. Truman's Executive Order 10340 attempted to seize control of private steel production facilities to support the war effort. The Court held that the order exceeded the president's constitutional powers and could not override federal law. Justices Black and Jackson's opinions in this case set important precedents for defining the limits of presidential power.
In another significant case, Trump v. Hawaii (2018), the Supreme Court upheld an executive proclamation issued by President Donald Trump. The proclamation blocked the entry of certain foreign nationals from predominantly Muslim countries under the Immigration and Nationality Act (INA). The Court found that the proclamation was consistent with the broad statutory text of the INA and the deference traditionally accorded to the president in immigration matters.
The Supreme Court has also addressed executive orders related to birthright citizenship. In 2025, the Court heard arguments on President Trump's attempt to enforce an executive order restricting birthright citizenship. The case centred on the interpretation of the 14th Amendment and the precedent set by the 1898 United States v. Wong Kim Ark ruling. While the Court's conservative justices seemed willing to limit lower courts' ability to issue universal injunctions, none endorsed Trump's order, and some liberals argued it violated the Constitution.
In summary, the Supreme Court plays a crucial role in interpreting and upholding the constitutional limits of executive orders. While presidents have broad authority to issue directives, the Court ensures that executive orders do not exceed the powers granted by the Constitution or Congress. Through landmark cases like Youngstown and Trump v. Hawaii, the Court has shaped the understanding of presidential power and the checks and balances inherent in the Constitution.
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Frequently asked questions
A lot. The first executive order was issued by George Washington on June 8, 1789. The US's first 25 presidents signed a combined total of 1,262 executive orders in roughly 112 years, averaging around 12 per year.
Franklin D. Roosevelt issued 3,721 executive orders during his time in office, the most of any US president.
Yes, executive orders can be challenged in court if they are deemed to be unlawful or unconstitutional.
Abraham Lincoln's Emancipation Proclamation, which changed the legal status of enslaved people in the Confederate states during the Civil War, is considered the most famous and well-known executive order.
Executive orders are a way for the president to influence US laws and the administration of the country without the need for a vote in Congress or the Supreme Court. They are used to ensure that "the laws be faithfully executed".
